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(b) If Developer desires to make any material change in the Construction Plans after <br /> their approval by the City, Developer shall submit the proposed change to the City for its <br /> approval. If the Construction Plans, as modified by the proposed change, conform to the <br /> requirements of this Section 4.2 of this Agreement with respect to such previously approved <br /> Construction Plans, the City shall approve the proposed change and notify Developer in writing <br /> of its approval. Such change in the Construction Plans shall, in any event, be deemed approved <br /> by the City unless rejected, in whole or in part, by written notice by the City to Developer, given <br /> to the Developer within 10 days after the date of submission of such proposed change, setting <br /> forth in detail the reasons therefor. The City's approval of any such change in the Construction <br /> Plans will not be unreasonably withheld. <br /> Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable <br /> Delays and subject to the completion of the City Site Work, the Developer must commence <br /> construction of the Developer's Minimum Improvements by September 1, 2018. The Developer <br /> must substantially complete construction of Developer's Minimum Improvements by December <br /> 31, 2018. All work with respect to the Developer's Minimum Improvements to be constructed <br /> on the Developer's Minimum Improvements Property shall substantially conform to the <br /> Construction Plans as submitted by Developer and approved by the City. <br /> Developer agrees for itself, its successors and assigns, and every successor in interest to <br /> the Developer's Minimum Improvements Property, or any part thereof, that Developer, and such <br /> successors and assigns, shall promptly begin and diligently prosecute, to completion, the <br /> development of the Developer's Minimum Improvements Property through the construction of <br /> the Developer's Minimum Improvements thereon, and that such construction shall in any event <br /> be commenced within the period specified in this Section 4.3 of this Agreement. Subsequent to <br /> conveyance of the City's Property, or any part thereof, to Developer, and until construction of <br /> the Minimum Improvements has been completed, Developer shall make reports, in such detail <br /> and at such times as may reasonably be requested by the City, as to the actual progress of <br /> Developer with respect to such construction. <br /> Section 4.4. Certificate of Completion. <br /> (a) Promptly after substantial completion of the Minimum Improvements in <br /> accordance with those provisions of the Agreement relating solely to the obligations of <br /> Developer to construct the Minimum Improvements (including the dates for commencement and <br /> completion thereof), the City will furnish Developer with an appropriate instrument so certifying. <br /> Such certifications by the City shall be (and it shall be so provided in the deed and in the <br /> certifications themselves) a conclusive determination of satisfaction and termination of the <br /> agreements and covenants in the Agreement and in the quit claim deed for the City's Property <br /> with respect to the obligations of Developer, and its successors and assigns, to construct the <br /> Minimum Improvements and the date for the completion thereof. Such certifications and such <br /> determination shall not constitute evidence of compliance with or satisfaction of any obligation <br /> of Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned <br /> to finance the Minimum Improvements, or any part thereof. <br /> 18 <br /> 512017v5 JSB BL185-52 <br />